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Case: 1:17-cv-05152 Document #: 1 Filed: 07/13/17 Page 1 of 4 PageID #:1

UNITED STATES DISTRICT COURT OF THE


NORTHERN DISTRICT OF ILLINOIS

WEST WATER, INC., an Illinois Company, )


and TAISHAN CHANGJIANG )
PLASTIC PRODUCT CO., LTD, )
a Chinese Company )
)
Plaintiffs, )
v. ) File No.:
)
YE LI FOOD BOX INC., an Illinois Company, )
MJ TRADING CORPORATION, an Illinois Company, )
and WAN XING LIN INC., an Illinois Company )
)
Defendants, )
)

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs West Water, Inc. and Taishan Changjiang Plastic Product Co., Ltd
(Plaintiffs), on personal knowledge as to their own acts and upon information and
belief formed after reasonable inquiry as to the acts of others, hereby file this
Complaint for Patent Infringement against Ye Li Food Box Inc., MJ Trading
Corporation, and Wan Xing Lin Inc. and allege as follows:

THE PARTIES
1. Plaintiff West Water Inc. is an Illinois corporation established in 2009. It is a
distributor of plastic containers, and has a place of business at 463 W. 24th Street,
Chicago, IL 60616.

2. Plaintiff Taishan Changjiang Plastic Product Co., Ltd is a company organized


under the laws of the Peoples Republic of China, and a manufacturer of plastic
containers established in Taishan City, China.

3. Defendant Ye Li Food Box Inc. is an Illinois corporation with a principal place


of business at 4310 S. Shields Ave., Chicago, IL 60609, and with a registered office at
2902 S Poplar Ave, Chicago IL, 60608.

4. Defendant MJ Trading Corporation is an Illinois corporation with a principal


place of business at 2244 S Archer Avenue, Chicago, IL, 60616.

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5. Defendant Wan Xing Lin Inc. is an Illinois corporation, and has a place of
business at 4310 S. Shields Ave., Chicago, IL 60609, and a registered office at 3206 S
Throop St, Chicago, IL, 60608.

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction over this action pursuant to 28 U. S.
C. 1331 and 1338 (a) because the action concerns infringement of a United States
Patent.

7. This Court has personal jurisdiction over Defendants because they have
committed and continue to commit acts of infringement in violation of 35 U. S. C.
271, and place infringing products into the stream of commerce, with the knowledge or
understanding that such products are sold in the State of Illinois, including in this
District. The acts by Defendants cause injury to Plaintiffs within this District. Upon
information and belief, Defendants derive substantial revenue from the sale of
infringing products within this District.

8. Venue is proper within this District under 28 U. S. C. 1391 and 1400 because
Defendants are incorporated under the laws of the State of Illinois, Defendants did
business in Illinois, and Defendants have committed acts of infringement in Illinois.

FACTUAL BACKGROUND

9. The United States Patent and Trade Office (USPTO) duly and legally issued
U. S. federal patent No. US D664,427 S to Taishan Changjiang Plastic Product Co. on
July 31, 2012. A true and correct copy of the United States Design Patent is attached as
Exhibit A.

10. Plaintiff West Water Inc., as an exclusive agent of Taishan Changjiang Plastic
Product Co., has exclusive right to distribute, sale and offer to seller plastic containers
with the above stated patent in United States.

11. Plaintiffs are informed and believe, and based thereon allege, that Defendants
infringed the stated above patent by selling and offering to sell accused plastic
containers.

12. As the side-by-side comparisons of Plaintiffs products and Defendants


products, Defendants have misappropriated Plaintiffs patented plastic container
designs in the accused products.

13. Plaintiff West Water Inc. mailed a certified letter to 2244 S Archer Avenue,

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Chicago, IL, 60616 on May 22, 2017, notifying MJ Trading Corporation that its
business seriously infringes the asserted design patent.

14. Plaintiff West Water Inc. mailed a certified letter to 4310 S Shields Avenue,
Chicago, IL, 60609 on May 22, 2017, notifying Ye Li Food Box Inc. that its business
infringes Plaintiffs the above stated patent.

15. Plaintiff West Water Inc. mailed a certified letter to 3206 S. Throop St.
Chicago, IL, 60608 and 4310 S Shields Ave, Chicago, IL, 60609 on June 20, 2017,
notifying Wan Xing Lin, Inc. that its business infringes the claims of the above stated
patent.

CLAIM FOR RELIEF

16. Defendants have infringed and continued to infringe U. S. Design Patent


D664, 427 by manufacturing, selling and/or offering to sell in the United States plastic
containers, which embodies the design covered by U. S. Design Patent D664, 427.

17. Plaintiffs are informed and believe, and based thereon allege, that Defendants
were aware of the claimed patent at the time they engaged in their directly infringing
activities, and their acts constitute willful and deliberate infringement.

18. Moreover, since receipt of the aforementioned letters, Defendants are


continuing to sell and/or offer for sale the accused products.

19. As a result of Defendants unlawful infringement of the claimed patent,


Plaintiffs have suffered and will continue to suffer damage. and irreparable harm unless
and until that infringement is enjoined by this Court.

20. Plaintiffs are entitled to recover from Defendants adequate to compensate for
such infringement in accordance with 35 U. S. C. 281, 283, 284 and 285.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for a judgment as follows:

1. That the above stated patent is valid and enforceable;

2. That Defendants have infringed the asserted design patent;

3. An order permanently enjoining Defendants and its officers, directors, agents,


servants, employees, affiliates, attorneys and all others acting in privity or in concert
with them, and their parents, subsidiaries, divisions, successors and assigns, from

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further acts of infringement of the asserted design patent;

4. A full accounting by Defendants and awards and damages to Plaintiffs for


Defendants infringement of the asserted design patent, including enhanced damages
pursuant to 35 U. S. C. 284, together with pre- and post-judgment interest, in an
amount according to proof;

5. A judgment declaring this case to be exceptional and awarding Plaintiffs their


reasonable attorneys fee, expenses, and costs pursuant to 35 U. S. C. 285; and

6. A grant of such other and further equitable or legal relief as the Court deems
proper.

DATE: July 13, 2017 By: /s/ Pengtian Ma


Pengtian Ma
Law Offices of Ma & Associates
Attorneys for Plaintiffs
2961 S Archer Ave
Chicago IL 60608
Tel: 773-847-7890
Fax: 773-847-8889
Email: lawfirmpma@sbcglobal.net

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